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The Equal Employment Opportunity Commission (EEOC) has released statistical data from 2016. This data provides some insights into trends and developments in federal employment discrimination cases.

First note of interest - the EEOC "resolved" 1,650 sex discrimination charges in 2016 filed by employees alleging discrimination based upon their LGBT (lesbian, gay, bisexual or transsexual) status, recovering $4.4 Million in the process. From 2013 through 2016, $10.8 Million has been recovered in connection with such claims.

Combining all types of discrimination and retaliation claims, the EEOC secured more than $482 Million in payments for victims of discrimination through litigation and voluntary settlements. The agency boasts a successful outcome rate in lawsuits it files of 90.6 percent.

As in past years, retaliation claims are the most common type of claims handled by the EEOC, with 45.9 percent of all claims involving charges of retaliation. Race claims are second (35.3 percent of all claims), then disability (30.7 percent), sex (29.4 percent), age (22.8 percent), national origin (10.8 percent), religion (4.2 percent), color (3.4 percent), Equal Pay Act (1.2 percent), and genetic information claims (0.3 percent). These figures add up to more than 100 percent because many charges are filed including multiple claims.

Given the climate of the country in recent years, it is somewhat surprising that the numbers for religion and national origin cases are not higher.

But these numbers should remind employers what a significant threat retaliation claims are. Depending upon an employer's response, even a baseless discrimination charge can turn into a successful retaliation claim. Remember to seek legal counsel regarding how to respond to any and all discrimination allegations, to avoid retaliation claims.

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